High Level Panel of Legal Experts on Media Freedom - Opinions to States on Legislation

Support to States: Zimbabwe

In 2021, Zimbabwe requested the legal advice of the High Level Panel with regard to the repeal of the Access to Information and Protection of Privacy Act, and legal opinions on two draft pieces of legislation: (i) the Zimbabwe Media Commission Bill and (ii) the Cybersecurity and Data Protection Bill. The Zimbabwean Parliament gazetted the Zimbabwean Media Commission Bill on 2 April 2021. The government reflected a number of their recommendations from the High Level Panel within the final bill including recommendations focused on the maintaining the independence of the appointment of experts to the Commission. The High Level Panel welcomes the final bill as it provided the necessary framework for the repeal of the Access to Information and Protection of Privacy Act.

Support to States: Chile

In 2023, the Government of Chile requested that the High Level Panel provide a legal opinion on its draft legislation, a ‘Bill for the protection of journalists and communications workers’. The High Level Panel delivered its legal opinion in December 2023, focusing on inclusions that could be made to the legislation to ensure it translated legal protections for journalists into practical support to enforce the safety and protection of journalists. In 2024, at the request of Chile, the Panel delivered further legal advice on the draft legislation to be considered by the Senate Commission on Human Rights. In September 2024, the Senate Commission passed the draft Bill. The Bill is now completing its passage through the Chilean legislature.

Following a request, the High Level Panel constituted a working group that drafted an amicus brief in a landmark media freedom case, of Emilio Palacio Urrutia and Others v. The Republic of Ecuador, before the Inter-American Court of Human Rights. The case concerns the lawfulness of criminal defamation statutes as applied to El Universo, one of Ecuador’s most well-established and widely circulated newspapers, its columnist, and its three directors. The case gives rise to issues which fall squarely within the High Level Panel’s remit and expertise. On 3 June 2021, the High Level Panel submitted their amicus curiae brief, which can be read here. The High Level Panel are represented by members of the High Level Panel, Professors Dario Milo and Can Yeginsu. The High Level Panel is of the view that the present case holds considerable significance as an opportunity for the Inter-American Court of Human Rights to address, once again, a fundamental question of principle: whether or not criminal defamation can properly co-exist with the protections for a free press under the American Convention system. The High Level Panel’s submission makes a strong case against the criminalisation of defamation as it stands both in Ecuador and across the Organisation of American States. The High Level Panel hope the analysis and submissions provided will assist the Inter-American Court of Human Rights in its deliberations in this important case.